scholarly journals The Rise of Illiberal Democracy and the Remedies of Multi-Level Constitutionalism

2019 ◽  
Vol 60 (1) ◽  
pp. 65-85
Author(s):  
András László Pap ◽  
Anna Śledzińska-Simon

Abstract This article begins with a brief overview of the characteristics of illiberal democracy proclaimed in Hungary and followed by Poland, the once 'Musterkinder' of European integration and compliance with the EU values and law. In the second part the weaknesses of multi-level constitutionalism is analyzed by addressing the Hungarian and Polish illiberal turn. The third part consists of a country-specific contextual analysis examining remedies to illiberal democracy in a normative focus.

2020 ◽  
Vol 16 (2) ◽  
pp. 525-546
Author(s):  
Helena Bauerová ◽  
Milan Vošta

AbstractThe topic of energy is still one of the most sensitive policy areas. The aim of this article is to examine the multi-level governance and energy specifics of the V4 countries within the context of European integration by analyzing selected the specifics of the energy mix of the V4 group countries. This will be carried out within the context of applying the theory of multilevel governance. The paper shows how energy policy is formed at state, and/or non-state level, as well as how these levels are influenced by the EU. The article also looks at the efforts taken to shape a common energy policy. A closer examination of the individual countries‘ levels lies outside the scope of this article. Therefore, the framework was chosen with regard to the particular features within the context of the functioning of the V4 group of countries. Using multi-level governance as a theoretical concept, the authors considered the limits arising from the determination of levels and the subjects of the survey, as well as having distinguished three levels of analysis. The first is the supranational level. This is represented by the EU. The second level is represented by the V4 states. The third level is the state as the actor that formulates energy policy, sets the energy mix and subsequently manifests itself in relation to the EU and the V4 group. Energy policy is significantly influenced by states, especially in the area of energy security of fuel supplies, or that of setting the energy mix. With the gradual communitarization of energy policy, the EU’s influence is growing and it is debatable how the evaluation of existing strategic plans, presented by individual states, will be done. The role of the V4 group is the weakest of the three levels of analysis which were examined. However, its increasing influence can be predicted mainly in the case of coal depletion and the perception of nuclear energy as a renewable source.


Res Publica ◽  
2003 ◽  
Vol 45 (4) ◽  
pp. 673-696
Author(s):  
Pieter Bouwen

This article studies the lobbying strategies of national business associations against the background of increasing Europeanization. It addresses the question whether national associations have withered away during the process of European integration. On the basis of neo-functionalist integration theory and the multi-level governance (MLG) perspective, a number of hypotheses are generated about the fate of national associations in the European integration process. An extensive empirica[ study of the EU financial services sector analyzes these hypotheses. The data show that European financial integration has not caused the withering away of national business associations as predicted by neofunctionalist theory. The data not only confirm the MLG hypothesis that national associations develop direct lobbying strategies at different levels of the EU multi-level system in order to gain access to the European decision-making process. In addition, the results also confirm the hypothesis that national associations undertake indirect lobbying strategies (through membership in European associations) with the aim of gaining institutional access. Finally, the degree to which national associations gain access to the European institutions is explained in terms of a theory of supply and demand for access goods.


Author(s):  
Ian Bache ◽  
Simon Bulmer ◽  
Stephen George ◽  
Owen Parker

This chapter examines theories of European Union governance. As European integration progressed, the academic focus began to shift from explaining the integration process to understanding the EU as a political system. As such, EU scholars increasingly drew on approaches from the study of domestic and comparative politics. While some attempts to escape the supranational–intergovernmental dichotomy have proved more successful than others, these contributions broadened the study of the EU considerably beyond the traditional international relations debate and many scholars have spoken of a ‘governance turn’ in EU studies in the 1990s. This chapter considers a number of approaches that focus on the EU as a political system. These approaches fall within the broad categories of ‘new institutionalism’ and ‘governance and networks’. The concept of multi-level governance is also discussed.


2020 ◽  
Vol 22 (4) ◽  
pp. 792-799
Author(s):  
Hanna Kleider

This commentary takes stock of how Multi-level Governance and European Integration has helped scholars frame empirical research agendas. It focuses on three specific research programmes emanating from the book: (1) the role of identity in multi-level governance, (2) political contestation in multi-level systems, and (3) the effect of multi-level governance on policy outcomes. It aims to highlight existing knowledge in these lines of research whilst offering several critical reflections and directions for future research. The commentary argues that the book’s observation that governance structures are ultimately shaped by identities rather than by efficiency considerations has proved almost prophetic given recent backlash against the EU. The book expertly shows that there is an inherent tension in sharing authority across multiple levels of government, and that multi-level systems require constant recalibration and renegotiation of how authority is shared.


2016 ◽  
Vol 13 (1) ◽  
Author(s):  
Romana Salageanu

The process of European integration has been promoting subnational mobilization activities in both federal and centralized states. The regions’ activities in Brussels have been pushing forward research on the subnational level. From the conceptual work on multi-level governance as the continuous negotiation taking place at different levels of governments that are nested at different territorial levels, their presence in Brussels has offered regions the possibility to become actors in different constellations. Regions are increasingly acknowledged as political spaces and as active actors within European policies, such as the case of Saxony-Anhalt. The paper deals with the active mobilization of Saxony-Anhalt within the multi-level governance framework of the EU with regard to the development of the European Cohesion policy.


Author(s):  
Johann P. Arnason

Different understandings of European integration, its background and present problems are represented in this book, but they share an emphasis on historical processes, geopolitical dynamics and regional diversity. The introduction surveys approaches to the question of European continuities and discontinuities, before going on to an overview of chapters. The following three contributions deal with long-term perspectives, including the question of Europe as a civilisational entity, the civilisational crisis of the twentieth century, marked by wars and totalitarian regimes, and a comparison of the European Union with the Habsburg Empire, with particular emphasis on similar crisis symptoms. The next three chapters discuss various aspects and contexts of the present crisis. Reflections on the Brexit controversy throw light on a longer history of intra-Union rivalry, enduring disputes and changing external conditions. An analysis of efforts to strengthen the EU’s legal and constitutional framework, and of resistances to them, highlights the unfinished agenda of integration. A closer look at the much-disputed Islamic presence in Europe suggests that an interdependent radicalization of Islamism and the European extreme right is a major factor in current political developments. Three concluding chapters adopt specific regional perspectives. Central and Eastern European countries, especially Poland, are following a path that leads to conflicts with dominant orientations of the EU, but this also raises questions about Europe’s future. The record of Scandinavian policies in relation to Europe exemplifies more general problems faced by peripheral regions. Finally, growing dissonances and divergences within the EU may strengthen the case for Eurasian perspectives.


2020 ◽  
pp. 102-105
Author(s):  
A. A. Prykhodko

The article analyzes the theoretical and practical aspects of the anti-corruption policy of Ukraine in the context of European integration. Considered that corruption has long been perceived in the EU as a negative phenomenon requiring systematic, strategic and concerted action of a transboundary and transnational character and, in general, a threat to the rule of law. The author concluded that Ukraine will continue to be perceived by a third world country as long as anti-corruption measures are duplicated from one strategic document to another. The anti-corruption strategy of Ukraine should be an early, strategic and systematic tool for the eradication of corruption and the formation of public justice in the context of zero tolerance for such phenomena. Now this is a set of normatively fixed declarative slogans that are consistent with international standards, but are not achievable in practical terms due to the lack of state strategic planning in advance. The new anti-corruption strategy must necessarily include a broad interpretation of all the concepts used in it, including the term “anti-corruption policy”. Taking into account the recommendations of the CIS Interparliamentary Assembly, the author’s vision of the term “anti-corruption policy” has been formed, as a set of principles, tasks, goals and principles of implementation of law-making and law-enforcement activity of public administration within the protection of human and civil rights and freedoms a state implemented by a system of methods, means and measures to combat corruption in priority areas and in accordance with anti-corruption standards and on the basis of transnational national and cross-border cooperation.


2019 ◽  
Vol 19 (1) ◽  
pp. 7-37
Author(s):  
Aleksandra Kustra-Rogatka

Summary The paper deals with the changes in the centralized (Kelsenian) model of constitutional review resulting from a state’s membership of the EU, which unequivocally demonstrates the decomposition of the classic paradigm of constitutional judiciary. The main point raised in the paper is that European integration has fundamentally influenced on the four above-mentioned basic elements of the Kelsenian model of constitutional review of legislation, which are the following: the assumption of the hierarchical construction of a legal system; the assumption of the supreme legal force of the constitution as the primary normative act of a given system; a centralised model of reviewing hierarchical conformity of legal norms; coherence of the system guaranteed by a constitutional court’s power to declare defectiveness of a norm and the latter’s derogation. All its fundamental elements have evolved, i.e. the hierarchy of the legal system, the overriding power of the constitution, centralized control of constitutionality, and the erga omnes effect of the ruling on the hierarchical non-conformity of the norms. It should be noted that over the last decade the dynamics of these changes have definitely gained momentum. This has been influenced by several factors, including the “great accession” of 2004, the pursuit of formal constitutionalization of the EU through the Constitutional Treaty, the compromise solutions adopted in the Treaty of Lisbon, the entry into force of the Charter, and the prospect of EU accession to the ECHR. The CJEU has used these factors to deepen the tendencies towards decentralization of constitutional control, by atomising national judicial systems and relativizing the effects of constitutional court rulings within national legal systems. The end result is the observed phenomenon, if not of marginalisation, then at least of a systemic shift in the position of constitutional courts, which have lost their uniqueness and have become “only ones of many” national courts.


Author(s):  
Natalia Popova

The concept of Europeanization has become quite fashionable in EU studies in recent years. It is often used for the analysis of the relations between the EU and non-member states. The aim of the article is to examine the possibilities of its application in explaining the relationship between the EU and Ukraine. The structure of the article is as follows: firstly, the concept of Europeanization is defined considering such two disputable issues as distinguishing among concepts of Europeanization and European integration as well as Europeanization and EU-ization. Next, the evolution of the theoretical research of Europeanization and definition of this concept are analyzed. Two main mechanisms of Europeanization (conditionality and socialization) are examined. The author considers main approaches to the analysis of the "external" Europeanization emphasizing the concept of "external governance". Three groups of factors which influence the effectiveness of Europeanization are briefly analyzed. And finally, the peculiarities of application of the Europeanization concept to the Ukraine-EU relations are outlined. Keywords: EU, Ukraine, Europeanization, EU-ization, ‘external’ Europeanization, conditionality, socialization, concept of ‘external governance’


Author(s):  
V. I. Denysenko

The failure to sign the Association Agreement with the EU in autumn 2013 has been investigated. The role of the Russian factor, which became decisive in the foreign policy reversal of the Yanukovych regime, has been revealed. The importance of Viktor Yanukovych’s meeting with Russian President Vladimir Putin on October 27, 2013, in the dramatic change of Ukraine’s international vector has been emphasized. On the basis of diplomats’ memoirs, the assumption about intimidation of the Ukrainian President by the Russian side has been substantiated. The timeline of the preparation of the 2013 Vilnius Summit, the position of EU structures and the attempts of the fourth President of Ukraine to win time to trade with the Russians have been reproduced. The thesis about the Donetsk clan’s attempts to prepare public opinion for a 180 degree turn in late October - early November 2013 has been presented. For this purpose, demonstration meetings were organized with representatives of Ukrainian business and trade unions, who called for revision of plans for European integration on their own initiative. The main role in manipulating public opinion rested on the government of Mykola Azarov and the Verkhovna Rada, which had a majority coalition led by the Party of Regions. Instead, Viktor Yanukovych continued his European integration rhetoric and reiterated to Western partners his own willingness to sign the Association Agreement between Ukraine and the EU. On November 21, the real position of the ruling elite was made available to the Cabinet of Ministers of Ukraine. According to it, the process of preparation for the signing of the Association Agreement was suspended, the proposal was made for the trilateral Ukraine-EU-Russia negotiations, and the ministries were tasked with developing measures to maintain economic ties with the CIS countries. The decision was rejected by European partners and led to Yanukovych’s attempts to find other ways to thwart the signing of the Agreement. It has been proved that this role was played by Yanukovych’s requirements for financial assistance from the EU amounting to about 160 billion euros, which aimed to prevent the signing of the Association Agreement. Key words: Viktor Yanukovych, association of Ukraine with the EU, эYulia Tymoshenko, European integration, Pat Cox, Alexander Kwasniewski, Vladimir Putin.


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